Pixie v's Halifax Visa

[pixie1]

Early days but Im posting my request for 6 yrs worth of data tomorrow.

 

Fingers crossed they respond a little quicker then they did when I asked for my bank statements.

 

The halifax must hate me LOL but at least it mutual

 

Pixie

[jonni2bad]

Welcome to the Halifax Freedom Fighters

[pixie1]

Im yet to get even an acknowledgement of my request for statements

 

I must double check the date I wrote to them.

 

Anyone else have problems getting this info from Halifax visa?

 

Pixie

[mechs]

Im yet to get even an acknowledgement of my request for statements

 

I must double check the date I wrote to them.

 

Anyone else have problems getting this info from Halifax visa?

 

Pixie

 

Our Visa statements came very quickly .....within about 2-3 weeks did you use the dunfermline address?

[pixie1]

Our Visa statements came very quickly .....within about 2-3 weeks did you use the dunfermline address?

 

Oh I think I sent them to the trinity road address - would they have passed them on do you think?

[mechs]

I would think so yes, they might even be able to sort it from Trinity road

[pixie1]

Well my statements arrived today. I will be claiming for a total of £430 plus interest which is a total of £486.45.

 

Just a quick question, do I send the same letters that I did for my bank charges?

 

Thanks

 

Pixie

[pixie1]

Well I posted my first letter on the 11th asking for my charges back and Im yet to ehar anything from the Halifax, so today Ive sent the last letter before court action - I only hope Im sending the correct letters? The same one's ish as the bank ones?

 

If they still dont get back me within 14 days do I then go straight for court action or shoudl I wait for some acknoledgement?

 

Thanks

 

Pixie

[pixie1]

A shameless dump

[dan-rides-bikes]

yer the letters are the same more or less

 

no - dont wait for acknowledgement - sometime they ignore you sometimes they dont

 

i had an offer to both my halifax loan prelim and lba

but nothing on my halifax cc and they paid out the same

[pixie1]

yer the letters are the same more or less

 

no - dont wait for acknowledgement - sometime they ignore you sometimes they dont

 

i had an offer to both my halifax loan prelim and lba

but nothing on my halifax cc and they paid out the same

 

 

 

Thanks Dan, Halifax Visa's time is up tomorrow, then its down to the court to sort it out again. I did recieve one letter from them but it didnt really acknowledge my comments, it just went on about how theyve reduced their fee's from now on.

 

Oh well, I dont mind going the old court route, as long as I get my money I dont care

 

Thanks

 

Pixie

[pixie1]

Well halifax did respond but it was kind of a holding letter, ive given them another 14 days before i register it with the court. Im concerned that I may get my claim details wrong on this one as i was confused enough doing my bank charges one.

 

Pixie

[jonni2bad]

The extra time won't make them settle, I'm sorry to say. They only respond to hard ball tactics like court action.

[pixie1]

Well Ive had a few of life issues to sort out so this had to take a backwards step unfortunatly, however Im back on it now. Halifax did offer me 50% of my charges back, iv replied and said thanks but no thanks, their time is up so its court time as they have had far more time then they should have. The thing is, i really dont know what to put on the on-line court form, can i use the same thing as i used for my bank account?

 

any help would be fantastic

 

Thanks

 

Pixie

[jonni2bad]

Particulars of claim would be like this... feel free to use it and obviously amend the bits in red to suit..........

 

1. The Claimant has an account number

1234567 with the Defendant which was opened

in May 2000

2. Since this time, the Defendant debited

charges in respect of purported breaches of

contract.

3. A list of charges will be supplied

separately.

4. The Claimant contends that:

a) The charges debited to the Account are

punitive in nature; are not a genuine pre-

estimate of cost incurred by the Defendant

and exceed any alleged actual loss to the

Defendant.

b) The contractual provision that permits

the Defendant to levy such charges is

unenforceable by virtue of the Unfair

Contract Terms in Consumer Contracts

Regulations 1999, the Unfair Contract

Terms Act 1977 and common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in

respect of charges in the sum of £XXXX and

any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County

Courts Act as set out on the list of

charges, and interest at the same rate up

to the date of judgment or earlier payment,

at a daily rate of £0.xx

[pixie1]

Particulars of claim would be like this... feel free to use it and obviously amend the bits in red to suit..........

 

1. The Claimant has an account number

1234567 with the Defendant which was opened

in May 2000

2. Since this time, the Defendant debited

charges in respect of purported breaches of

contract.

3. A list of charges will be supplied

separately.

4. The Claimant contends that:

a) The charges debited to the Account are

punitive in nature; are not a genuine pre-

estimate of cost incurred by the Defendant

and exceed any alleged actual loss to the

Defendant.

b) The contractual provision that permits

the Defendant to levy such charges is

unenforceable by virtue of the Unfair

Contract Terms in Consumer Contracts

Regulations 1999, the Unfair Contract

Terms Act 1977 and common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in

respect of charges in the sum of £XXXX and

any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County

Courts Act as set out on the list of

charges, and interest at the same rate up

to the date of judgment or earlier payment,

at a daily rate of £0.xx

 

Thank you so much, as soon as ive filed my claim i will update this thread with the details

[jonni2bad]

If you've not already done so, use this version instead (we have made some amends and now included this in the Templates Library.....

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Contract Terms in Consumer Contracts Regs 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

 

 

..

.

.************************************************

 

 

************************************************

 

 

Notes on completing this section.....

 

All parts in red must be changed to your own details, i.e.;

 

...account 1234567 - this is the account number to which your claim relates

 

...opened May 2000 - Put the date the account was opened. If you are unsure of the specific date then you can just put the year, for instance

 

... Since 01/02/03 - the date from when your charges begin (or the date of the first charge that you are claiming for if different

 

...return of the amounts debited of £XXXX; - This is the total of your charges, plus the overdraft interest if you are reclaiming these.

 

...S.69 County Courts Act of 8% - £xxx - This is the total of the 8% interest calculated by the spreadsheets on our site. Enter the total at the date of the court claim.

 

...at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

For example,

£1,429 in charges

£27.40 in overdraft interest

Total £1,456.40

1466.58 x 0.00022 = 0.32 - This would therefor be £0.32p on a daily basis.

Please ensure you do your own calculation based on your totals

 

Finally, the section in blue [enter interest total at date of claim] is for guidance only and should NOT be included in the text of your claim.

[pixie1]

Yeah!! My claim has been filed today - thanks for all your help Jonni2bad

 

I did get a letter back from Halifax the end of last week stating...

 

We have offered to refund £215.00 of charges to your account, which ou have indicated you refuce to accept. Please understand that we are not prepared to refund all of the charges that you have incurred on your account over the last six years.

 

Oh well, we will just have to wait and see wont we

 

Thanks again for all the help and assisstance everyone!

 

Hugs

 

Pixie

[pixie1]

My court text is as follows - i hope i have this right LOL

 

1. The Claimant has an account

************** with the Defendant. 2.

Since 01/10/02 the Defendant debited

charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Contract Terms in Consumer

Contracts Regs 1999, Unfair Contract Terms

Act 1977 and at Common Law. 5. Claimant

claims: (a) return of the amounts debited

of £430.00; (b) Interest per S.69 County

Courts Act of 8% - £64.97 continuing at 8%

until judgment or settlement at a daily

rate of £0.09; 6. Alternatively, if the

charges are a fee for a service, then they

must be reasonable under S.15 of the Supply

of Goods and Services Act 1982. 7. Costs

allowed by the Court.

 

Pixie

[jonni2bad]

....Please understand that we are not prepared to refund all of the charges that you have incurred on your account over the last six years.....

 

Can you ask if they'll take a wager on that - I would even give them favourable odds..?

[pixie1]

Well i made a huge balls up on my court papers, a mistake im too embarassed to say what i did however the helpline was fantastic and i should get a refund of my fee's. So Ive filed a new claim tonight

 

Pixie

[Tinkerbelle]

Good luck!

[pixie1]

My claim is still only at this stage.....

 

Acknowledged

 

The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply.

 

 

And this was on the 17th Oct???

 

Do you think ive made a mistake on my forms??

 

Im really worried that they are going to let it go to court

 

Pixie